Wartime Presidential reconstruction was represented by President Lincoln's "ten per cent plan," issued in 1863 which provided that new state governments could be formed when ten per cent of voters in the 1860 election pledged loyalty to the Union, and received a general amnesty. He excluded former Confederate generals and government officials, as well as those who left federal government positions to join the Confederacy. Congress responded with the Wade-Davis Bill which required a loyalty oath of a majority of those eligible to vote, and those serving in state constitutional conventions must swear to "past loyalty" to the Union. New state constitutions were required to abolish slavery, not allow former Confederate officials to hold office, and repudiate any debt from the Confederacy. Lincoln's plan died with him; the Wade Davis Bill died earlier when Lincoln pocket vetoed it.

After the war, true "Radical" reconstruction became the order of the day. The Military Reconstruction Act divided the south into military districts with a military commander as its chief executive. The commander would determine who could serve on state constitutional conventions, and ratification of the 14th Amendment to the U.S. Constitution was a condition of acceptance.

The Military Reconstruction Act was vetoed by President Andrew Johnson, but Congress overrode the veto. Johnson's plan for reconstruction was similar to Lincoln's but it was blocked by Congressional Republicans.